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2024 Supreme(Online)(TEL) 2694

HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION Nos 46502 of 2022, 7152, 8100, 8106,

8116, 13150, 16349, 18446, 8415 AND 16274 of 2023

ORDER

Heard Sri S. Ram Babu, learned counsel for petitioner in Writ Petitions No. 46502 of 2022, 7152, 8116, 13150, 18446 and 16349 of 2023, Sri S. A. Subba Rao, learned counsel for petitioner in Writ Petition No. 8100 of 2023, Sri Srinivas Podicheti, learned counsel for petitioner in Writ Petition No. 8106 of 2023, Sri C. Ruthwik Reddy, learned counsel for petitioner in Writ Petition No. 8415 and 16274 of 2023, learned Government Pleader of Cooperation on behalf of Respondents 1 to 3 in Writ Petition No. 46502 of 2022, 7152, 8100, 8116, 8106, 13150, 18446, 16349, 8415 of 2023, learned Government Pleader for Cooperation on behalf of Respondents 1 to 4 in Writ Petition No. 16274 of 2023, learned Government Pleader for Stamps and Registration for respondent No 6, and Sri Kadiyala Ravi Chandra Mohan, learned Counsel for the 4th respondent in Writ Petition No. 46502 of 2022, 7152, 8100, 8116, 13150, 18446 and 16349 of 2023, learned counsel for the 5th respondent in Writ Petitions No. 8415 and 16274 of 2023, Mrs.

Neelam Narania, learned counsel for Respondents 5 and 10 in Writ Petition Nos. 7152, 8100 and 13150 of 2023, Mr. Rahul Kandharkar, learned counsel for the 5th respondent in Writ Petition No. 16349 of 2023 .

2. In these Writ Petitions, petitioners challenge supersede / expelling management Committee and appointing an OFFICIAL ADMINISTRATOR / PERSON IN CHARGE in place of Management Committee for looking and conducting day-to-

    day affairs of Telugu Cine Workers’ Cooperative Housing Society Limited (for short ‘the Society’). The main grievance of petitioners is against the manner in which Management Committee of Society is functioning, affecting the rights of individual members, mismanagement of funds and assets of Society. On the complaint filed by some of the members of the Society, inquiry under Section 51 of the Telangana Cooperative Societies Act, 1964 (for short, ‘the Act’) and Surcharge Order under Section 60 has been conducted; even thereafter, the present Management Committee members are admitting members, who are non-cine workers and allotting flats duly collecting huge money from them. Petitioners paid the entire amount against the allotted flats by the five-men allotment committee, but Management Committee did not register the flats.

3. Learned counsel for petitioners also contended that the present Management Committee holding the Society for ransom and are acting in a way which causes grave prejudice to members of the Society as well as in direct contravention of Bye-

    laws of the Society by altering / terminating the membership and handing over flats/ units to non-cine workers which is direct detriment of the intent of the Society.
    WRIT PETITION No. 46502 OF 2022:

4. Learned counsel for petitioner contends that the Management Committee of the Society is holding the Society for ransom and the respondents are acting in a way which causes grave prejudice to members of the Society as well as direct contravention of bye-laws of the societies. Further, the Society as well as its Management Committee members are altering / terminating the membership and handing over flats/row houses to non-members (non-cine workers) which is a direct detriment of the intent of the Society. The Management Committee conducting themselves in complete disrespect of the Society bye-laws and law of the land which fact was confirmed by the Inquiry Report dated 28.07.2021 submitted by the Special Grade Deputy Registrar/ Inquiry Officer under Section 51 of the Act. The said report was confirmed by the Deputy Registrar of Co-operative Societies exercising powers under Section 60 of the Act. As per Section 21-AA (5), the Management Committee shall place the aforementioned inquiry report dated 28.07.2021 and surcharge report under Section 60, dated 24.06.2022 before the General Body Meeting and called for meeting of the General Body, but, in th




















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